Land Party lays charges against Overstrand mayor as OM seeks to recover R250k after failed festival

Friday, 16 October 2026

The Land Party has laid formal charges against Overstrand Executive Mayor Archie Klaas over alleged violations of the Municipal Finance Management Act (MFMA).

These are in connection with R250 000 allocated to the Milkwood Cultural Festival. Questions are mounting over the failed event and the progress of a related criminal investigation.
Land Party leader Gcobani Ndzongana said it was calling for an investigation into the expenditure, possible personal liability and the recovery of any money found to have been spent unlawfully. In addition, it is also calling for appropriate reporting to relevant oversight bodies.

“The Land Party believes the Executive Mayor has violated the Local Government: Municipal Finance Management Act, 2003,” Ndzongana said in correspondence with Hermanus Times.

Charges relate to provisions governing unauthorised, irregular and fruitless and wasteful expenditure.
The party cited section 32 of the Act. This section provides for liability in certain circumstances where political office-bearers deliberately or negligently make or authorise fruitless and wasteful expenditure.

Land Party’s formal charge sheet calls for a full investigation and disciplinary proceedings under the Code of Conduct for Councillors. It also calls for the recovery of any expenditure found to fall into these categories, where applicable.

It also calls for appropriate reporting to the Auditor-General, the MEC for Local Government, National Treasury and, where necessary, the police.
“Public funds belong to the people of the Overstrand,” Ndzongana said. “Expenditure that is made in vain and that could have been avoided through the exercise of reasonable care cannot be tolerated.”

However, the charges themselves do not establish that Klaas contravened the Act.

On approaching the municipality about the charges against Klaas the municipality told Hermanus Times that the process must be allowed to run its course.
Municipality seeks to recover the funds
The charges come as the Ovestrand Municipality (OM) pursues legal options to recover the R250 000 CARE Fund contribution allocated to the Milkwood Cultural Festival. The festival failed to take place in September 2026. This was after a similar cancellation in October 2025.

On 30 September Klaas directed acting municipal manager Edward Jantjies to have the municipality’s legal department determine its legal recourse. He said they must pursue the possible recovery of the funds.
He also instructed the Municipal Public Accounts Committee (MPAC) to investigate the matter. This includes whether the municipality’s processes and conduct were above board.
A report on the matter was expected to be tabled before Council at its October 2026 meeting.
Jantjies said that the latest application for the festival, scheduled for 27 September, was submitted on 18 September.
When the Municipal Event Committee considered it on 23 September several requirements remained outstanding. These included supporting compliance documentation and a site plan needed to assess amplified sound arrangements. The site plan also needed to help finalise the noise exemption process.
The committee was also informed that the person named as organiser had withdrawn from the application process. This person did not attend the meeting.
Subsequently, no alternative organiser had been confirmed to address the outstanding requirements or accept responsibility for the event. Also, the proposed venue was also booked for another sporting activity.
Consequently, the committee did not recommend approval and no provisional or final approval was issued.
Following the festival’s failure to proceed a letter of demand was issued on 28 September for repayment of the funds transferred in connection with the event.
“The municipality provided the organisers with an opportunity to regularise the event application and proceed with the festival,” Klaas said. “However, the required compliance was not achieved and the event did not take place.”
He added that the municipality needed to determine what recourse was available, including the possible recovery of funds. It must also ensure that appropriate accountability processes were followed.
AfriForum questions handling of criminal case
Meanwhile, AfriForum’s Overstrand branch has raised concerns about the handling of a criminal case relating to the alleged misappropriation of approximately R250 000 in municipal funds connected to the 2025 Milkwood Festival.
In July the organisation opened a case concerning the festival matter.
Col Frederick van Wyk of provicial police confirmed to Hermanus Times that investigations were ongoing in the matter. The case was registered as a fraud case by Hermanus police.
In a statement issued on 6 October AfriForum said it was concerned about the handling of two criminal cases involving matters of public interest in the Overstrand.
Furthermore, the organisation said complainants had received limited feedback from police about the progress of the investigations. It also raised concerns about the extent and depth of the investigations conducted to date.
Chair of AfriForum’s Overstrand branch Fanie Cotzee said both matters had apparently been referred to the National Prosecuting Authority (NPA). The referral is for a decision on whether prosecution should proceed.
He stressed that the National Prosecuting Authority’s (NPA) decision should be based on a proper and thorough police investigation. He argued that referral to prosecutors should not substitute for investigative work.
“We respect the constitutional role of the NPA and will await its decision in both matters. However, we remain concerned that the prosecutorial decision must not be based on an incomplete investigation.”
AfriForum cited a previous matter in Hermanus in which, it said, the NPA initially declined to prosecute based on the information in the case docket.
Following representations to the Western Cape Director of Public Prosecutions, the matter was reopened. It was referred to police for further investigation.
The organisation said it would continue monitoring both matters and consider further legal avenues. This includes private prosecution, should circumstances warrant it.
Police correspondence did not provide further details about the investigation or confirm whether the case had been referred to the NPA.
The municipality’s efforts to recover the funding, the Land Party’s charges against the mayor and the criminal investigation were separate processes.
While OM was pursuing its legal options to recover the R250 000, the allegations of misappropriation and alleged violations of the MFMA have not been established as fact in the information available.
Hermanus Times also approached Phawulethu NPO. No comment was received at the time of publication.